Substitute for the Luna Amendment to CSHB 4 (beginning on 
page 199, amendment packet) the following:
	Amend CSHB 4 on page 41, by striking lines 21-24 and 
substituting:           

caused harm.                                                           
	(a-1) The claimant may rebut the presumption in Subsection 
(a) by establishing that:
		(1) the mandatory federal safety standards or 
regulations applicable to the product were inadequate to protect 
the public from unreasonable risks of injury or damage;
		(2) the manufacturer, before or after marketing the 
product, withheld information required by or misrepresented 
information provided to the federal government or agency that was:
			(A) material and relevant to the federal 
government's or agency's determination that the mandatory safety 
standards or regulations at issue in the action were adequate; and
			(B) causally related to the claimant's injury; or                     
		(3) with respect to the manufacturer of a motor vehicle, 
or a component thereof, after the product was sold and before the 
alleged injury occurred, the manufacturer learned the vehicle or 
component part contained a defect causally related to the 
claimant's injury and to motor vehicle safety and failed to either:
			(A) give notice to the federal government, or 
agency of the federal government, that adopted or promulgated the 
applicable safety standards or regulations; or
			(B) give notice by first class mail to each person 
registered under Texas law as the owner and whose name and address 
are reasonably ascertainable by the manufacturer through state 
records or other available sources, or if the registered owner is 
not notified, to the most recent purchaser known to the 
manufacturer.